Common law in the Magna Carta refers to English law.
There were two kinds: common and civil. I believe
civil (legislated) was primarily ecclesiastical, but
I'm not sure about that. Anyway, there were no laws
as such that declared murder to be a crime, for
example. Judges ruled by common sense, following the
precedents set by earlier judges or judges of higher
courts. Rather than come up with a bunch of new laws,
the Magna Carta adopted the time-tested sense of
justice from common law. A study of American
jurisprudence always begins with common law. We
formalized much of common law.
Cathy (formerly in pa)
--- Paul Hillman <chris_hillman AT msn.com> wrote:
> Jerry,
>
> The 7th Amendment states that the "rules of the
> Common Law" shall apply as per the wording therein.
> The Common Law dates back to the Magna Carta from
> 1150?
>
> Thus, what are the rules of the common law?
>
> Paul Hillman
> ----- Original Message -----
> From: Jerry W.
> Shepperd<mailto:shepperd AT austincc.edu>
> To:
>
homestead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org>
>
> Cc:
>
homestead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org>
>
> Sent: Tuesday, November 09, 2004 5:29 PM
> Subject: Re: [Homestead] Daniel and taxes again
>
>
> Paul,
>
> I know you asked Daniel the question. However,
> common law is simply the
> decisions of judges (judges making laws) who
> attempt to fill in the details
> of constitutions where written laws are absent or
> unclear. It is not part
> of the Constitution nor the Bill of Rights.
>
> Jerry S.
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